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What is Industrial Property Right? Write a short note on any two Industrial property Rights.

Answer»

Intellectual Property Right:

Some people spend lots of money, time body, and mental power to create some products such as a classical movie, album, artistic work, discoveries, invention, software, etc. These types of Intellectual properties must be protected from unauthorized access by law. This is called Intellectual Property right(IPR). Paris convention held in 1883 protects Industrial Property Berne Convention held in 1886 protects Literary and Artistic work.

World Intellectual Property Organisation(WIPO) in 1960, Guided by the United Nations(UN) ensures/protects the rights of creators or owners and rewarded for their creation. A person or an organization can register their Intellectual property such as creations, trademarks, designs, etc.

Intellectual property is divided into two categories

1. Industrial Property

2. Copyright

1. Industrial property:

It ensures the protection of industrial inventions, designs, Agricultural products etc from unauthorized copying or creation or use. In India, this is done by the Controller of Patents Designs and Trademarks.

  • Patents:

A person or organization that invented a product or creation can be protected from unauthorized copying or creation without the permission of the creator by law. This right is called Patent. In India, the validity of the right is up to 20 years. After this, anybody can use it freely.

  • Trademark: 

This is a unique, simple, and memorable sign to promote a brand and hence increase the business and goodwill of a company. It must be registered. The period of registration is for 10 years and can be renewed. The registered trademark under Controller General of Patents Design and Trademarks cannot use or copy by anybody else.

  • Industrial designs: 

A product or article is designed so beautifully to attract customers. This type of design is called industrial design. This is a prototype and used as a model for large scale production.

  • Geographical indications:

Some products are well known by the place of their origin. Kozhikode Halwa, Marayoor Sharkkara (Jaggery), Thirupathi Ladoo, etc are examples.

2. Copyright:

The trademark is ©, copyright is the property right that arises automatically when a person creates new work on his own, and by Law, it prevents the others from the unauthorized or intentional copying of this without the permission of the creator for 60 years after the death of the author.

  Attributes   Patent   Trademark   Copyright
ItemsProduct, processName, logo, signsCreativity, artistic
Registration requiredYesYesNo (automatic)
Duration20 years10 yearsUp to 60 years after the death of the author
RenewableNoYesNA


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